| Domestic Servant Exemption |
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| Workers' compensation coverage for domestic servants is limited. Such limitation is generally based on the exclusion for part-time employees or the statutory exemption for employers with less than the requisite minimum number of employees. Many states specifically exclude domestic servants from workers' compensation coverage. Others omit to place domestic servants on the list of covered employments. However, almost half of the states provide at least a measure of coverage for those employed as domestic servants.More... |
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| Injury by Exposure and "Arising Out of the Employment" |
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| Workers' compensation for injuries resulting from exposure to the elements is not forestalled merely because a natural event was at the root of the injuries. Exposure injuries, such as heatstroke, freezing, frostbite, and pneumonia, may be compensable if the nature of the employee's work increased the level of exposure over that of other members of the public. Some jurisdictions allow compensation if the risk of exposure to the employee was caused by his employment. In other words, regardless of whether the general public would or would not suffer the same exposure, it was the employee's work that precipitated or caused the exposure.More... |
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| Assignment of Employee's Action Against Third Party |
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| When an employee is injured in the course of his employment and thereby entitled to bring a cause of action against a third party, the right to pursue such action can be assigned to the employer or its workers' compensation carrier. The key to assignment in many jurisdictions is the actual payment of workers' compensation, while other states require a "claim" for compensation. Once the requisite criterion is satisfied, the employer is subrogated to all the rights of the employee. More... |
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| Intoxication |
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| When an employee is injured outside the course of his employment, he is ineligible to receive workers' compensation benefits. When an employee becomes voluntarily intoxicated such that he cannot function or perform the tasks of his job, courts will consider him to have departed from the course of employment. Therefore, compensation for an injury incurred while the employee is so inebriated as to be incapable of performing his work will likely be denied. More... |
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| Workers' Compensation Terms |
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| Arising Out of and in the Course of EmploymentMore... |
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